Vol. 6, Issue 3 (2020)
Reconstruction of the mudharabah financing contract in sharia banking based on justice value
Author(s): Wiwin Muchtar Wiyono, Gunarto, Achmad Khisni, Rozihan
Abstract: The main objective of this research is the first is to examine the weaknesses of the contents of the mudharabah financing contract on Islamic banking, and to reconstruct the contents of the mudharabah financing agreement on Islamic banking based on fair value where the theory used to analyze is the Islamic justice theory, and the type of research is qualitative research using analytical descriptive nature. The method used is an empirical juridical approach. The research subjects were BNI Syariah Indonesia Hasanah Bank in Purwokerto City, Muamalat Bank of Purbalingga City, Arta Leksana people's credit agency of Purwokerto City and their customers, while the research object was the contents of the sharia mudharabah financing agreement. Data were collected by interview technique and literature study, while data analysis was done by inductive qualitative analysis methods. The results showed that the reconstruction of the content of mudharabah financing contracts in Islamic banking based on fair value is to realize the preparation of the contents of the contract in order to meet the pillars and conditions and meet minimum standards and prioritize the principle of balance as the implementation of the principle of justice and in order to do that the reconstruction of the existing law must be made in Article 1 regarding financing and use, Article 2, concerning the period and installments, Article 4, concerning the provisions for the profit sharing ratio, Article 5, concerning losses, Article 6, concerning mudharib obligations, Article 7, guarantees, addition of articles concerning rescue of financing and Article 12 concerning disputes. The reconstruction of the contract is expected to make the contents of the contract substantially better reflect the value of justice.